Employee Benefits Partner Discusses Potential ERISA Issues Related to Reproductive Healthcare

In an interview with SHRM, Lorie Maring shares her insights on how the recent U.S. Supreme Court ruling that permitted states to ban abortions will impact employer ERISA plans. She explains that employers need to understand the constitutional protections of the state they operate in, because state laws may contradict each other.

Employers with fully insured health plans must follow ever-changing state laws. While employers with health plans covered by ERISA don’t have to comply with state laws, they do need to be mindful about situations where their ERISA pre-emption could be challenged. "Litigation on the ERISA pre-emption and state regulation issues are surely going to follow—in particular for employers who adopt travel benefits for abortion access," Lorie says.

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